concurring.
[¶ 25] I concur in the remand by the majority of the issues of property division and spousal support. I write separately, however, to set forth my reasons for supporting the remand.
[¶ 26] I agree with the majority’s analysis that the trial court erred in calculating the marital estate, because it failed to consider the “premarital property” in determining the marital estate. See Young v. Young, 1998 ND 83, ¶¶ 10-20, 578 N.W.2d 111. I would add that at trial Jeffrey offered into evidence Defendant’s Exhibit 15, which is his proposal for division of the marital estate. His proposal asked the court to award Judy a net distribution of $139,729.06. Nevertheless, the trial court ignored this proposal and awarded Judy a net distribution of $42,742 plus one-half of the net proceeds from the sale of the house, which under optimum circumstances would result in Judy receiving a total net distribution of $99,215 ($42,742 + ($112,946 4- 2) = $99,215). This $41,000 discrepancy between the trial court’s award and Jeffrey’s own proposal is inexplicable.
[IT 27] The majority correctly states that spousal support and property division are intertwined. Thus, sources of income other than earnings are important in setting the amount of support for a disadvantaged spouse. See Pfliger v. Pfliger, 461 N.W.2d 432, 436 (N.D.1990). Judy did not receive any income-producing property in the property division, and based on the nature of the marital property, it is unlikely she will on *12remand. The financial circumstances of the parties, however, is only one of th'e factors to be considered under the Ruff-Fischer guidelines. Furthermore, an equitable division of the property may not eliminate the disparity in incomes. On remand the trial court must consider each of the guidelines when setting spousal support, which include:
the respective ages of the parties, their earning ability, the duration of the marriage and conduct of the parties during the marriage, their station in life, the circumstances and necessities of each, their health and physical condition, their financial circumstances as shown by the property owned at the time, its value at the time, its income-producing capacity, if any, whether accumulated before or after the marriage, and such other matters as may be material. Weir v. Weir, 374 N.W.2d 858, 862 (N.D.1985).
Van Klootwyk v. Van Klootwylc, 1997 ND 88, ¶ 14, 563 N.W.2d 377. We have stated the trial court does not need to make specific findings as to each guideline, but it must specify a rationale for its determination. Id. The trial court specifically concluded Judy was economically disadvantaged by the divorce and in need of rehabilitative support. The trial court, however, was of the opinion the marriage was of short duration which weighed toward little or no spousal support while reduction in her earnings and need for rehabilitation weighed in favor of an award. Judy requested spousal support in the amount of $700/month for 48 months to assist her’in returning to college at Jamestown College. She was awarded $250/month for 48 months.
[¶ 28] Judy and Jeffrey were married approximately nine and a half years, from February 12, 1988, to October' 24, 1997. Although traditionally this would not be considered a “long term marriage,” it can hardly be termed “short term” by today’s standards. Further, the length of the marriage should not be viewed as merely a number but rather in the context of the marital relationship. During their marriage they had two children, both of whom are still very young, eight and nine years old.
[¶29] A difference in earning power is a proper factor in dividing the marital estate and for setting spousal support. Pfliger, 461 N.W.2d at 436. The trial court’s findings establish a large disparity in earning capacity. Judy does not have a college degree; Jeff does. Judy’s gross income is $10,000/ year, whereas Jeffs gross income is between $80,000 and $100,000/year. The record indicates Judy’s net monthly income is $600/ month. Jeffs net monthly income is $4,562.61. Judy receives $1,400 a month for child support. Her disposable income without spousal support is $2,000/month and with spousal support of $250/month is $2,250/ month. This is without consideration of the income tax payable on the spousal support. Jeffs disposable monthly income is $2,910.61 ($4,562.61 - $1,400 child support and - $250 spousal support = $2,910.61). Thus, three people live on less than $2,250/month, whereas one person has at least $2,910.61/month spendable income.
[¶ 30] The record also indicates the parties have lived an affluent lifestyle which included traveling, private school for their children, and a $270,000 -home. See, e.g., Bagan v. Bagan, 382 N.W.2d 645, 646 (N.D.1986) (concluding standard of living is a valid consideration in spousal support determinations).
[¶ 31] Finally, although Jeff admitted to having an affair during the marriage, the trial court dismissed Judy’s argument that such conduct should affect the property distribution or spousal support amount with the statement, “Such are the days of our lives.” Yet conduct of the parties during the marriage is a factor the court must consider under the Ruff-Fischer guidelines. Although I join those members of this Court who believe only economic fault should be considered relevant, noneconomic fault is still a factor alive and well in North Dakota spousal support and property distribution law. See Young, 1998 ND 83, ¶ 14, 578 N.W.2d 111; Lohstreter v. Lohstreter, 1998 ND 7, ¶ 27, 574 N.W.2d 790; Bader v. Bader, 448 N.W.2d 187,190 (N.D.1989).
[¶ 32] On remand, the trial court must consider all of the relevant factors under the Ruff-Fischer guidelines when deciding spousal support, as well as when dividing the *13marital estate. Under the facts of this ease, an equitable division of the marital estate may not necessarily eliminate the need for further consideration of the spousal support award.
[¶ 33] MARING and MESCHKE, JJ., concur.